Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-12-07

be sold or bartered Tor general use rs bsv-
erages does not necessarily infringe any
right, privilege or immunities secured by
the Constitution OF the United States is
made clear by decisions OF the court rem
dered before and since the adoption OF the
iourteenth amendment. It il, however,
contended that although State may
PROHIBIT TIE MANUFACTURE
Of intoxicating liquors for sale within her
limit for general use, no convention or
legislature has . right under our form Of
Governments to prohibit any citizen from
manuis eturing for his own use or for OK.
port or storage any article OF food or
drink not endaugering or affecting the rights
Of Others. The argument made in support
OF the first branch OF this proposition
briefly stated 10: That in the implied COM
pacts between q state and the citizens Ger.
tain rights are reserved by the latter
which are guaranteed by constitutional
provision for tho protection OF lie, liberty
and property against deprivation without
due process of law and with which the
state cannot interfere; that among those
rights is that OF manufacturing for ones
own use, either food or drink; that while,
according to the doctrine OF the commune,
q state may control the tastes, appetites,
our system OF government. based upon the
individuality and intelligence Of the people,
does not claim to control him except as to
his conduct to others, leaving him the sole
Judge as to all that only affects himself. 1t
viii be observed that the proposition ond
the argument made in support OF it equally
conceds that the
RIGHT TO MANUFAcTURE
drink for ones personal use il subject to
the condition that such manufacture does
not endanger the rights of Others. II such
manufacture does prejudicially affect the
rishts and interests of the community it
follows that society has the power to pro-
tect itself by legislation against the injuri-
GUS consequences of that business. As was
said in MINI vs.. Ellingers [94 U. s., 124]
while the power does not exist with the
whole people to control rights purely and
exclusively private the Government may
require each citizen to SO conduct himself
and to use his own property so ae not to
injure another. But by whom or by what
authority is it to be determined whether
the manufacture of particular articles of
drink, either for general use or for the per.
sonal use of the maker, will injurious'y
affect the public? The power to determine
such questions 80 as to bind all must exist
somewhere, else society will be at the
mercy OF q few who, regarding only their
own appetites on passions. may be willing
to imperil the peace and security OF the
many, provided only they are permitted to
do as they wish. Under our system that
power is lodged with the legislative branch
OF the Government. It belongs to that de-
partment to exert what are known as the
police powers OF tbs States. Il must de-
termine primarily what measures are ap.
propriats or needful for tho
PROTECTION OF PUBLIC MORALS,
health or safety, limits beyond which legis.
lation cannot rightfully 60. Al the court
must obey the Constitution rather than
the law wmaking departments OF the Govern
msnt, it must upon it's responsibility de-
| termine whether in any particular case
these limits have been passed. The courts
are at liberty to look at the substance OF
things, whenever they enter upon an in
ouiry whether the Legislature has trans
cended the limits of its authority, keeping
in view those principles as governing the
relations with each other OF the Judicial
and Legislative Departments OF Govern
ment. 1t Is difficult to perceive any ground
| for iudicially declaring that the prohibition
i
within her limits of Intoxicating liquors
Tor general use there as a beverage is not
fairly adopted to the end OF pre- tecting tn:
community against evils which con
iessedly result from the excess
i've use OF ardent spirits
W. W. cannot shut out of view the fact that
public health, morals and public eafety
may be endangered by the general use o
Intoxicating drinks. Nor can we 'gnor:
tho fact that disorder. pauperism aAt
crime, prevalent in the country, are in
Large measure directly traceable to thos'
evils. II therefore the state deems th'
absolute prohibition Of the manufacture
and sale within the state OF Intoxicating
liuuors to be necessary to the peace ant
security OF society, the courts cannot over
ride tho will of the people as thus expreesst
by their chosen representatives. 1t ls
fundamental principle in our institutions
indispensable to the
FERMENTATION OF PUBLIC LIBERTY.
that ono OF the separate departments
Government shall not rsurp the power
committed by the Constitution. Az to tb
allegation that prohibition OF the manu-
fracture and sale OF liquor deprives liquo
dealers of their property without due pro
cess OF jaw, Lue COuIV boy" 0'A ~
under our form OF government is subject t.
the obligation that it shall not be used e
as to injuriously affect the rights OF tn
community. and thereby become nuisance
The State OF Kansas bad the right t.
prohibit the liquor traffic. It cid no
thereby take away the property OF brewers
It simply ahated q nuisance. The prop
erty is not taken away from its owners
They are only prohibited from as'n
IL for the specific purposes which the Leg
islature declared to be Injurious to com
mupity. For reasons stated, says Justic
Harlan, va are OF opinion that Muslel
plaintiff in error. has not been denied b,
the judgments OF the Supreme Court 9
Kansas any right. priv ege or !mmunit
secured to him by the Constitution OF tn
United States, and it's Judgment IN eec
case is accordingly affirmed. We are ais
} of opinion that the Circuit Court OF tE
United States erred in dismissing the bi
of the State in the suit against Ziebol
and Hogelin, the decree in that case 10 n
| versed and the cause remanded with the c.
rection that it enter q decree granting t
the State such relief as the act OF March
1885, authorizes.
| Tin DecIinsa-copper Advanced.
i NEW Yon8, December 5.-A big drop i
ths price Of tin Increased thsexcitement o
tho lnetal exchange to-day. To-day y'scab!
! shoEed . 'eeelsaa q! 81 iov spot sad 81
i!e7 iaspsas, The Re7 yesk;naskst dsss'a'
'